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Agreement between the Royal Government of Cambodia and the Government of the Federal Republic of Germany regarding Technical Cooperation in 2011
The Royal Government of Cambodia and the Government of the Federal Republic of Germany,
in the spirit of the friendly relations existing between the Federal Republic of Germany and the Kingdom of Cambodia,
desiring to strengthen and intensify those friendly relations through technical cooperation in a spirit of partnership,
aware that the maintenance of those relations constitutes the basis of this Agreement,
intending to contribute to social and economic development in the Kingdom of Cambodia,
referring to the Summary Record of the 2011 intergovernmental negotiations in Bonn dated 14 December 2011 and in pursuance of the Agreements of 6 May 1994, 26 April 2004 and 14 December 2010,
have agreed as follows:
Article 1
(1) In pursuance of the Agreement of 6 May 1994 between the Government of the Federal Republic of Germany and the Royal Government of Cambodia regarding Technical Cooperation, the following projects shall be promoted:
if on examination they have been found eligible for promotion.
(2) For the projects specified in paragraph (1) above the Government of the Federal Republic of Germany shall make available at its own expense contributions totalling EUR 11,130,000 (eleven million one hundred and thirty thousand euros) in the form of personnel, inputs and, where appropriate, financial contributions. It shall charge the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH with the implementation of the projects specified in paragraph (1) above.
(3) The Royal Government of Cambodia shall guarantee that each project is provided with an itemized budget of its own in order to ensure its smooth implementation and shall ensure that the institutions it will charge with implementation provide the necessary contributions for the projects specified in paragraph (1) above.
(4) The projects specified in paragraph (1) 1 to 7 above may be replaced by other projects provided the Government of the Federal Republic of Germany and the Royal Government of Cambodia so agree.
(5) The commitments for the projects specified in paragraph (1) 1 to 7 above and for the technical cooperation sum specified in paragraph (2) above shall lapse without replacement if the implementation and financing agreements referred to in Article 2 of the present Agreement are not concluded within a period of eight years after the year in which the commitments were made. For these commitments, without prejudice to the provisions of paragraph (4) above, this deadline shall be 31. December 2019. If, in the given period, implementation and financing agreements are concluded for a part of the commitments only, this cancellation clause shall apply solely to the amounts not covered by those agreements.
Article 2
Details of the projects specified in Article 1 (1) of the present Agreement and of the contributions and obligations shall be laid down in individual implementation agreements and, where appropriate, financing agreements, to be concluded between the institutions charged or to be charged under Article 1 (2) and (3) of the present Agreement with the implementation of the projects. These implementation and financing agreements shall be subject to the laws and regulations applicable in the Federal Republic of Germany.
Article 3
(1) The Royal Government of Cambodia shall exempt the materials, motor vehicles, goods, items of equipment and spare parts supplied for the projects specified in Article 1 (1) of the present Agreement on behalf and at the expense of the Government of the Federal Republic of Germany from licences, customs duties, harbour dues, import and export duties and other public charges, as well as storage fees, and shall ensure that these inputs are cleared by customs without delay.
(2) The Royal Government of Cambodia shall exempt the GIZ from all taxes and other public charges levied in the Kingdom of Cambodia in connection with the conclusion and fulfilment of the implementation and financing agreements referred to in Article (2) of the present Agreement.
Article 4
An amount of EUR 820,000 (eight hundred and twenty thousand euros) envisaged for the project Community Based Rural Development Project Kampot and Kampong Thom, Phase II, in the Agreement of 26 April 2004 regarding Technical Cooperation shall be reprogrammed and used for the project Programme Regional Economic Development II specified in the Agreement signed on 14 December 2010 regarding Technical Cooperation in 2009 if on examination it has been found eligible for promotion.
Article 5
In all other respects the provisions of the Agreement of 6 May 1994 regarding Technical Cooperation referred to in Article 1 (1) above shall apply to the present Agreement.
Article 6
This Agreement shall enter into force on the date of signature thereof.
Done at Phnom Penh on
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